Competency Restoration Case Study

Part 1 Explain the process of competency restoration.

According to Hubbard, Zapf, & Ronan, (2003), “Competency restoration is the process used when an individual charged with a crime is found by a court to be incompetent to stand trial, typically due to an active mental illness or an intellectual disability.” Before the legal process can continue, a suspect should be restored to competency. That gives the suspect the chance to consult with his or her defense lawyer to have a factual and rational understanding of the legal proceedings.

Describe why the process of competency restoration is important.

The importance of competency restoration is wide and broad in court proceedings. Competence restoration ensures that the suspect is able to understand

In this case, the general standard that can be considered in competency restoration. Such general standards include;

1.05 Maintaining expertise

This standard should be considered by those psychologists who are involved in therapies, evaluations, research, and organizational consultations to uphold a judicious level of awareness of current scientific and specialized info in their fields of activity and undertake ongoing efforts to maintain competence in the skills they use. That will allow them to respect their client and avoid any malicious activities such as discrimination which might influence the client understanding of their rights and court proceedings; as a result, affecting competency restoration process.

Privacy and confidentiality:

The legal guideline aims to remind psychologists about their primary obligations as well as rational “precautions to respect the confidentiality rights of those with whom they work or consult, recognizing that confidentiality may be established by law, institutional rules, or professional or scientific relationships.” Maintaining privacy and confidentiality of the defendant facilitate their openness assisting them to recall and relate “pertinent facts and events, including his motives and actions at the time of the offense, and be able to testify in his behalf and to challenge prosecution witnesses.”

The limit of confidentiality according to American Psychological Association (2018), “should cover the pertinent limitations on confidentiality, including limitations where applicable in group, marital, and family therapy or in organizational consulting, and the foreseeable uses of the information generated through their services.” Also, the limit of confidentiality should cover the permission for electronic recording of interviews and secure it from clients and patients (American Psychological Association, 2018).

Identify the factors that might impede competency restoration.

The success of competency restoration depends on the defendant responsiveness and to medical treatment if he or she is diagnosed with mental disorders that can render a suspect incompetence to stand trial as; such disorders might include Schizophrenia and the other psychotic disorders. Conferring to Anderson, & Hewitt, (2002), “individuals who show clinically significant improvement in general psychopathology are more likely to be perceived as restored to competency.” However, 50% of people who are diagnosed with mental retardation or acquired cognitive deficits are not restored; such mental disorders render the suspect irresponsive to the required court